o0124-25

FILE NO. 250542 AMENDED IN COMMITTEE 6/30/2025 ORDINANCE NO. 124-25 [Planning Code - Fenestration, Transparency, and Sign Requirements Generally; Sales and Service Uses in the C-3 and RC Districts] Ordinance amending the Planning Code to 1) principally permit certain non-retail sales and service uses, including general office, design professional, business services, non-retail professional services, and trade offices, on the ground floor in the C-3 ("Downtown Commercial") Districts through December 31, 2030, after which such uses will be conditionally permitted. and make accompanying revisions to required ground floor uses and Floor Area Ratio; 2) principally permit retail sales and service uses on the second floor and above in the RC ("Residential-Commercial") Districts; 3) principally permit non-retail sales and service uses on the second floor and above~ conditionally permit catering and laboratory uses on the ground floor in the RC Districts; 4) update transparency and fenestration requirements for ground floor actives uses and exempt child care facilities, homeless shelters, mortuaries, religious institutions, reproductive health clinics, and school uses from those requirements; 5) define an Interior Sign and the applisable standards for Interior Signsmodify the definition of a Window Sign; 6) e:>C:empt Interior Signs of si:>C: square feet or less and Business and Identifying Signs painted on building fasades from a permit under the Planning Codemodify Planning review and approval of changes in copy of a Sign and Wall and Window Signs applied to doors. windows. or building facades; 7) modify the definition of a Non-Residential Use for the purposes of certain development impact fee waivers; and 8) modify permitted and required ground floor uses in the RH-DTR {"Rincon Hill Downtown Residential") District, including uses in certain historic • buildings. subject to various conditions; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 1 Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in striket.½roHgh italics Times }lew Romenfont. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks(* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Environmental and Land Use Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 250542 and is incorporated herein by reference. The Board affirms this determination. (b) On June 26, 2025, the Planning Commission, in Resolution No. 21758, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 250542, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21758, and the Board incorporates such reasons herein by reference. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 250542. Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page2 Section 2. Background and General Findings. (a) Fast, predictable, and transparent permitting processes will create new jobs, businesses, and homes, as well as facilitate the City's economic recovery from the COVID-19 pandemic. Commonly referred to as "PermitSF," the City's effort to reform permitting consists of improving the customer experience by streamlining approval processes; promoting government accountability to provide certainty about the delivery of government services; and centralizing technology to create a single point of permitting access. I I (b) This ordinance enhances customer experience by removing barriers to ground floor! uses in the downtown, where economic recovery continues to lag behind other I neighborhoods. Removing the conditional use requirement will streamline the approval of certain non-retail sales and service uses-including office uses-in the C-3 (Downtown Commercial) Districts through December 31, 2030. To facilitate these ground floor uses, the ordinance makes accompanying changes to required ground floor commercial uses and Floor , Area Ratio requirements. The ordinance also promotes downtown recovery by expanding the definition of a Non-Residential Use for the purpose of existing development impact fee waivers available to projects in the C-3 District, or a C-2 (Community Business) District east of or fronting Franklin Street/13th Street and north of Townsend Street. The ordinance also principally permits all uses in certain historic buildings in the RH-DTR ("Rincon Hill Downtown Residential") District, subject to various conditions. (c) This ordinance also streamlines the approval of sales and service uses on upper floors in the RC (Residential-Commercial Districts) by removing the conditional use requirement for retail sales and service uses and removing the prohibition on non-retail sales and service uses on the upper floors. (d) This ordinance also enhances the customer experience by centralizing information in the Planning Code, specifically, codifying an existing Zoning Administrator Interpretation of Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 3 fenestration and visibility requirements for ground floor active uses. The ordinance also exempts various uses with unique operational needs that necessitate privacy (such as reproductive health, childcare, schools, and mortuaries) from these fenestration and visibility requirements. (e) This ordinance streamlines the approval process of various types of signs'" a-y creating a permit exception for business or identifying signs painted on building facades and interior signs that measure six square feet or less. The ordinance also defines an interior sign and provides clear, objective criteria for the regulation of interior signsincluding changes in copy of Signs and Wall and Window Signs that are applied (such as through the use of nylon or paint) to building facades, windows, and doors. The ordinance also narrows the definition of a Window Sign to such Signs that touch only glazing, to enable businesses to have more flexibility in the ways they display Signs inside the business premises. Section 3. Articles 1.2, 2, 4, ~and e~ of the Planning Code are hereby amended by revising Sections 124, 145.1, 145.4, 209.3, 210.2, 249.78, 401,406,602,604,606,607, 607.1, 607.2, afld-608.14, and 803.9, to read as follows: SEC. 124. BASIC FLOOR AREA RATIO. (a) Except as otherwise provided in subsections (b), (c), (d), (e), and (I) of this Section 124, the basic Floor Area Ratio limits specified in the Zoning Control Table for the district in which the lot is located, or in Table 124 below, shall apply to each building or development in the districts indicated. * * * * Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page4 (m) Floor Area Ratio limits shall not apply to any new Gross Floor Area created in a C- 3 District through a change of use on the ground floor of space that was devoted to uses previously excluded from Gross Floor Area per Section 102. SEC.145.1. STREET FRONTAGES IN NEIGHBORHOOD COMMERCIAL, RESIDENTIAL-COMMERCIAL, COMMERCIAL, AND MIXED USE DISTRICTS. * * * * (c) Controls. The following requirements shall generally apply, except for those controls listed in subsections (c)(1) Above Grade Parking Setback and (c)(4) Ground Floor Ceiling Height, which only apply to a "development lot" as defined above and except as specified in subsection (d). * * * * (6) Transparency and Fenestration. Frontages with active uses thflt are net -P-l).R must comply with the following requirements: (A) The portion ofthe frontage with active uses must be fenestrated with transparent windows and doorways for no less than 60% of the area of the ground level facade streetfrentttge flt the greund kvel tlnd 81./ew ·visibility te #w inside of the building: and (B) The fenestration required by subsection (c)(6)(A) must allow visibility to the inside of the building that: (i) extends within four feet from the surface of the window glass,· (ii) leaves at least 75% ofthe area inside the building open to perpendicular view within a 4-foot by 4-foot visibility zone; and Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 5 (iii) provides the aforementioned visibility zone at pedestrian eye level, defined as the space that is between four feet and eight feet in height above the adiacent sidewalk level, following the slope if applicable. See figure. immediately below. (C) Notwithstanding the transparency requirements o(subsection (c)(6)(B), the following features are permitted within the visibility zone: (i) Individual products for sale or used in service and on display inside the building: and (ii) 'N-indm1i.i Signs and Interior Signs not e*ceeding one third the area of the windo1.v on or in which the Signs are located, provided that such Signs are permitted by the Planning Code; and -----------'--'-ii+) Interior curtains and blinds. -----=(D:;...<)'--The use of dark or mirrored glass shall not count towards the required tr-anspffl"ent ffl"ea transparent areai.'isibility zone in this subsection (c)(6)f-Bt. Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page6 .@_Buildings located inside of, or within an unobstructed line of less than 300 feet of an Urban Bird Refuge, as defined in Section 139(c)(1), shall follow glazing requirements within Section 139( c) of this Code. ___ {F'"""")~ln C-3 zoning districts, for tenant spaces with at least two frontages and active uses that arc net PDR, those frontages may mHSt he fencstretcd with transparent windews and deerwt1),'S fer ne !:css then 60% o_fthc strcctfrentagc at the greund !:cvcl er contain window displays of at least four feet in depth to allow visibility to the inside of the building or activate the street instead o{complying with the requirements o{subsection (c)(6)(A)-(B). * * * * ( d) Exceptions. * * * * (4) Exceptions to Transparency and Fenestration. The transparency and fenestration requirements in Section 145.1 (c)(6) shall not apply to a Production, Distribution, and Repair Use,· Child Care Facility: Homeless Shelter,· Mortuary: Religious Institution: Reproductive Health Clinic: School Use,· and any Social or Health Service Use proposed on-site with either a Homeless Shelter or an affordable housingproiect that meets the requirements o{Section 315(b). SEC. 145.4. REQUIRED GROUND FLOOR COMMERCIAL USES. * * * * (e) Modifications. Except as otherwise provided in subsection m. Mmodifications to the requirements of this Section 145.4 are not permitted in DTR Districts. In Neighborhood Commercial and Commercial Districts, modifications to the requirements of this Section may be granted through the Conditional Use process, as set forth in Section 303. In the Eastern Neighborhoods Mixed Use Districts, modifications to the requirements of this Section may be granted through the procedures of Section 329 for projects subject to that Section or through Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 7 an Administrative Modification from the Zoning Administrator for other projects, as set forth in Section 307(h)(1)(A). (f} This Section 145.4 shall not apply to the following: (1} Buildings in the RH-DTR District that are (i) designated landmark buildings or contributory buildings within a designated historic district pursuant to Article 10 of the Planning Code. or (ii) listed on or determined eligible for the California Register of Historical Resources by the State Office of Historic Preservation: and (2} C-3 Districts through December 31, 2030. SEC. 209.3. RC (RESIDENTIAL-COMMERCIAL) DISTRICTS. These Districts are intended to recognize, protect, conserve, and enhance areas characterized by structures combining Residential uses with neighborhood-serving Commercial uses. The predominant Residential uses are preserved, while provision is made for supporting Commercial uses, usually in 0r below the gr0und st0ry·, that meet the frequent needs of nearby residents without generating excessive vehicular traffic. The compact, walkable, transit-oriented and mixed-use nature of these Districts is recognized by no off- street parking requirements. The RC Districts are composed of two separate districts, as follows: * * * * Table 209.3 ZONING CONTROL TABLE FOR RESIDENTIAL-COMMERCIAL DISTRICTS Zoning Category I § References I RC-3 I RC-4 * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page8 Sales and Service Category Retail Sales and §§ 102. 202.2(a) Pf4} Pf4} Service Uses* * * * * Non-Retail Sales § 102 NP{lil NP{lil and Service* * * * * * Not listed below. * * * * (4) C FO€JHiFed ifloettted en the see0nt[jlo0F eF tthe>;;e. [Reservedl * * * * (14) Catering and Laboratory are C on ground floor: all other Non-Retail Sales and Service Uses are NP on ground floor. SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL. * * * * Table 210.2 ZONING CONTROL TABLE FOR C-3 DISTRICTS Zoning Category § C-3- C-3- C-3- C-3- C-3- References O(SD) R G s * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Sales and Service Category * * * * Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 9 Non-Retail Sales and § 102 P(1) P(1) P(1) P(1) P(1) Service* Catering § 102 p p p p p Design Professional § 102 p p P(1) p p Laboratory § 102 p p p p p Life Science § 102 p p p p p Storage, Commercial § 102 NP NP NP NP NP Storage, Wholesale § 102 NP NP NP NP p Wholesale Sales § 102 p p p p p * * * * * Not listed below. (1) C required ifat or heto,~· on the ground floor after December 31, 2030. * * * * SEC. 249.78. CENTRAL SOMA SPECIAL USE DISTRICT. * * * * (c) Land Use Controls. (1) Active Uses. The controls of Section 145.1 and 145.4 shall apply, except as specified below: * * * * (F) Notwithstanding the PDR exemption~ found in Section 145.1fe:He)-@..Cil, PDR uses shall meet the following transparency and fenestration requirements: * * * * Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 10 SEC. 401. DEFINITIONS. * * * * C "Change of Use. "A change from one land use to another land use. For purposes of calculating any impact fees, credits, or waivers under Article 4. if the Gross Floor Area to be changed has no legally established use. the change of use shall consider the last legal use. "Child-care provider." A provider as defined in California Health and Safety Code Section 1596.791. * * * * R * * * * "Replacement of use." The total amount of Gross Floor Area, as defined in Section 102 of this Code, to be demolished and reconstructed by a development project. For purposes of calculating any impact fees. credits. or waivers under Article 4. if the Gross Floor Area to be demolished has no legally established use. the replacement of use shall consider the last legal use. * * * * SEC. 406. WAIVER, REDUCTION, OR ADJUSTMENT OF DEVELOPMENT PROJECT REQUIREMENTS. * * * * G) Waiver for Certain Non-Residential to Residential Conversion and Replacement Projects. This subsection 406G) provides eligible Non-Residential or Production. Distribution. and Repair (PDR) to Residential conversion and replacement projects with a waiver of any Development fee or Development impact requirement imposed by this Article 4, as specified in this subsection. Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 11 20 1 (1) Eligible Projects. To be eligible for the waiver, a project must replace Gross Floor Area of existing PDR uses or Non-Residential uses, other than a Hotel use, with Gross Floor Area established as Residential use, whether as part of a change of use of existing Gross Floor Area, or through the demolition of Non-Residential Gross Floor Area and construction of new Gross Floor Area for Residential use. For purposes of this subsection 4060), any Gross Floor Area established as Live/Work use shall be considered as Residential use. Projects must be located in a C-3 district, or a C-2 district east of or fronting Franklin Street/13th Street and north of Town send Street. (2) Waiver Amount. Eligible projects shall be entitled to a waiver from any applicable Development fee or Development impact requirement imposed by this Article 4 on l any net new Gross Floor Area of Residential use in an amount up to 110% of the Gross Floor I I Area of Non-Residential use or PDR use converted to Residential use. Converted Non- I Residential or PDR Gross Floor Area shall be calculated as the net reduction of Non- Residential Gross Floor Area resulting from the project. (3) Calculation of Space. In a mixed-use project with Residential and Non- Residential or PDR uses, the Gross Floor Area of Residential use shall be calculated based on the definition of Gross Floor Area in Planning Code Section 102, in the proportion that such areas serve the Residential use to the total square feet of Gross Floor Area served by such areas. * * * * (8) Cap on the Total Square Footage Subject to a Development Fee Waiver. The waiver in this subsection 4060) shall apply only to the first 7,000,000 square feet of Gross Floor Area that replaces Gross Floor Area of existing PDR uses or Non-Residential uses, other than a Hotel use, with Gross Floor Area established as Residential use associated with Eligible Projects in the order that the projects receive a Final Approval. If an Eligible Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 12 Project does not receive a building or site permit within five years of the Final Approval, the project shall forfeit any rights to the approved waiver, and any Gross Floor Area associated with such project shall no longer be counted against the 7,000,000 square foot limit set forth in this subsection 4060)(8). SEC. 602. SIGN DEFINITIONS. * * * * Indirectly Illuminated Sign. A Sign illuminated with a light directed primarily toward such Sign and so shielded that no direct rays from the light are visible elsewhere than on the lot where said illumination occurs. If not effectively so shielded, such sign shall be deemed to be a Directly Illuminated Sign. Interior Sign. A Sign that is located in the interior of a building within four feet of any \Vindow or clear door through which the Sign is visible but not including a 'Nindow Sign. * * * * Sign. Any structure, part thereof, or device or inscription which is located upon, attached to, or painted, projected,_ or represented on any land or right-of-way, or on the outside of any building or structure including an Awning, Canopy, Marquee,_ or similar appendage, or affixed tothat touches the glass on the outside or inside of a window or other glazing, so as to be seen from the outside of the buildingclear door, or located inside a building within four feet of any window or clear door through which the Sign is visibleso as to be seenfrom the outside ofthe btdkiing, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, light, trademark, or other representation used as, or in the nature of, an announcement, advertisement, attention-arrester, direction, warning, or designation by or of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise,_ or industry. Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 13 A "Sign" is composed of those elements included in the Area of the Sign as defined in this Section 602, and in addition the supports, uprights,. and framework of the display. Except in the case of General Advertising Signs, two or more faces shall be deemed to be a single Sign if such faces are contiguous on the same plane, or are placed back to back to form a single structure and are at no point more than two feet from one another. Also, on Awnings or Marquees, two or more faces shall be deemed to be a single Sign if such faces are on the same Awning or Marquee structure. * * * * Window Sign. A Sign pe1infedlocatedthat touches only the inside or outside directly on the surface of a window glass or clear doorother glazing, so as to be seen from the outside of a building. or placed behind the surface of a 1Nindow glass or clear door. SEC. 604. PERMITS AND CONFORMITY REQUIRED. * * * * (b) Applicability of Section. The provisions of this Section 604 shall apply to work of the above types on all sQigns unless specifically exempted by this Code, whether or not a permit for such SQign is required under the San Francisco Building Code. In cases in which permits are not required under the Building Code, a Planning application shall be submitted to the Planning Department for approval. t1pplice1#:ens fer permits shell bejUed with tlw Centretl Permit Buremt of the Depetrffflent afBuilding Inspeetien en forms prescribed by the Ple1nning Dcpttrtment, tegether with et permit fee of $5. 00 for eeteh sign, end the permit number shell appeetr en #w eempleted sign in the setn~e metnner es required by the Building Cede. (c) Exceptions to Permit and Planning Approval Requirements,. No permit or Planning approval that would otherwise be required by this Article 6 shall be required for the Signs in this subsection (c} to the extent such Signs are permitted by this Code. Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 14 __ _,,_( __ ])_Business or Identifying Sign Painted on Door, or 'Nindow, or Building Fa9ade. No permit shall be required under this Code for a Business or Identifying sSign painted or repainted directly on a door, or 1.vindmv, or fa9ade of a building, except for such sSigns in P and Residential Districts. Repainting of any painted Business or Identifying sSign that does require a permit shall be deemed to be a replacement of the Business or Identifying sSign, except as provided in Ssubsection (fc)(5) below. Wall and Window Signs applied on a door. window. or any facade of a building. except for: (A) Signs located in Public and Residential Districts: (8) Signs that would otherwise require review and approval under Articles 10 and 11: (C) Signs that require a building permit: or (0) General Advertising Signs. (2) Interior Sign. No permit shall be required under this Code for an interior business or identifying sign measuring six square feet or less. (d3~) Ordinary Maintenance and Repairs. Except as provided in Ssubsection (c)(1) above, no permit shall be required under this Code for oOrdinary maintenance and minor repairs which do not involve replacement, alteration, reconstruction, relocation, intensification,_ or expansion of the sSign. (e4~) Temporary Sale or Lease Signs. No permit shall be required under this Code for tiemporary sale or lease sSigns, temporary sSigns of persons and firms connected with work on buildings under actual construction or alteration, and temporary Business sSigns, to the extent that such sSigns are permitted by this Code. (15,1,) Change of Copy. No permit shall be required under this Code for al\ mere eChange of copy on a sSign the customary use of which involves frequent and periodic Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 15 changes of copy shall not be subject to the provisions &jthis Section 60 I, provided that the change in copy does not: (A) require a building permit: ======!(-=B:tc) except thatconstitute a change from general advertising to nongeneral advertising sign copy or from nongeneral advertising to general advertising sign copy~ or =====~<C=,)!:::3-fl increase -iRthe aA_rea, Height, Illumination, or Projection, excluding I any changes to Area, Height, Illumination, or Projection that affect only the copy on the Sign. I including, but not limited to, any extensions in the form of 1.vriting, representation, emblem or I any figure of similar character shall in itself constitute a new sSign subject to the provisions of this Section 604. In the case of sSigns the customary use of which does not involve frequent and periodic changes of copy, and except as provided in subsection (mD, belmv, a change of copy shall in itself constitute a new sSign subject to the provisions of this Section 604 if the ne111 copy concerns a different person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, or industry. (gef) Scaled Drawing. Each application for a permit for a &Sign shall be accompanied by a scaled drawing of the &Sign, including the location of the &Sign on the building or other structure or on the lot, and including (except in the case of a &Sign the customary use of which involves frequent and periodic changes of copy) such designation of the copy as is needed to determine that the location, aA_rea,.. and other provisions of this Code are met. (hg_) Nonconforming Signs; Replacement, Alteration, Reconstruction, Relocation, Intensification, or Expansion. Unless otherwise provided in this Code or in other Codes or regulations, a lawfully existing &Sign which fails to conform to the provisions of this Article 6 shall be brought into conformity when the activity for which the &Sign has been posted ceases operation or moves to another location, when a new building is constructed, or Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 16 at the end of the sSign's normal life. Such sSign may not, however, be replaced, altered, reconstructed, relocated, intensified, or expanded in eA_rea or in any dimension except in conformity with the provisions of this Code, including subsection (ij) below. Ordinary maintenance and minor repairs shall be permitted, but such maintenance and repairs shall not include replacement, alteration, reconstruction, relocation, intensification, or expansion of the sSign; provided, however, that alterations of a structural nature required to reinforce a part or parts of a lawfully existing sSign to meet the standards of seismic loads and forces of the Building Code, to replace a damaged or weathered signboard, to ensure safe use and maintenance of that sSign, to remediate hazardous materials, or any combination of the above alterations shall be considered ordinary maintenance and shall be allowed. A sSign which is damaged or destroyed by fire or other calamity shall be governed by the provisions of Sections 181 ( d) and 188(b) of this Code. A sSign which is voluntarily destroyed or removed by its owner or which is required by law to be removed may be restored only in full conformity with the provisions of this Code, except as authorized in subsection (ij) below. A gGeneral eA_dvertising sSign that has been removed shall not be reinstalled, replaced, or reconstructed at the same location, and the erection, construction, and/or installation of a gGeneral eA_dvertising sSign at that location to replace the previously existing sSign shall be deemed to be a new sSign in violation of Section 611 (a) of this Code; provided, however, that such reinstallation, replacement, or reconstruction pursuant to a permit duly issued prior to the effective date of this requirement shall not be deemed a violation of Section 611 ( a) and shall be considered a lawfully existing nonconforming gGeneral eA_dvertising sSign; and further provided that this prohibition shall not prevent a gGeneral eA_dvertising sSign from being relocated to that location pursuant to a Relocation Agreement and conditional use authorization under Sections 611 and 303(k) of this Code and Section 2.21 of the Administrative Code. Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 17 A nonconforming Neon Sign may be physically detached from the building for any required repairs or maintenance, except that such maintenance or repairs shall not include replacement, reconstruction, relocation, intensification, or expansion of the Neon Sign. After the off-site repair or maintenance work is complete, the Neon Sign may be reinstalled at the premises in the same location where the Neon Sign was previously affixed, so long as such replacement is completed within 18 months of removal. (ijJ Business Signs. When the activity for which a bBusiness rrQign has been posted has ceased operation for more than 90 days, all o:Qigns pertaining to that business activity shall be removed after that time. A lawfully existing business that is relocating to a new location within 300 feet of its existing location within the North Beach Neighborhood Commercial District described in Section 722 of this Code may move to the new location within said North Beach Neighborhood Commercial District one existing b~usiness rrQign together with its associated sign structure, whether or not the rrQign is nonconforming in its new location; provided, however, that the rrQign is not intensified or expanded in eA_rea or in any dimension except in conformity with the provisions of this Code. With the approval of the Zoning Administrator, however, the sign structure may be modified to the extent mandated by the Building Code. In no event may a painted rrQign or a rrQign with flashing, blinking, fluctuating,. or other animated light be relocated unless in conformity with current code requirements applicable to its new location. In addition, the provisions of Articles 10 and 11 of this Code shall apply to the relocation of any rrQign to a location regulated by the provisions of said Articles. (jg) Nothing in this Article 6 shall be deemed to permit any use of property that is otherwise prohibited by this Code, or to permit any rrQign that is prohibited by the regulations of any rrQpecial rrQign dDistrict or the standards or procedures of any Redevelopment Plan or any other Code or legal restriction. Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 18 (kb.) Public Areas. No sSign shall be placed upon any public street, alley, sidewalk, public plaza or right-or-way, or in any portion of a transit system, except such projecting sSigns as are otherwise permitted by this Code and sSigns, structures, and features as are specifically approved by the appropriate public authorities under applicable laws and regulations and under such conditions as may be imposed by such authorities. (ti) Maintenance. Every sSign shall be adequately maintained in its appearance. When the activity for which a h-Jlusiness sSign has been posted has ceased operation for more than 90 days, all sSigns pertaining to that business activity shall be removed after that time. (mj) Existing Signs in the C 3 Zoning District and portions of the C 2 Zoning District. A change of copy on existing sSigns the customary use of 1.vhich does not involve frequent and periodic changes of copy i.vithin (1) the C 3 zoning district, (2) a C 2 zoning district that is east of or fronting Franklin Street/13th Street and north of Townsend Street, or (3) a C 2 zoning district that is also within the Stonestmvn SSD shall not be considered a new sSign for purposes of subsection (fc)(5) so long as a permit is sought and approved subject to the provisions of this Section 604 or a more restrictive provision in a sSpecial sSign dDistrict in Section 608 et seq., provided that a change from general advertising to nongeneral advertising sign copy or from nongeneral advertising to general advertising sign copy or an increase in aArea including, but not limited to, any extensions in the form of 1.vriting, representation, emblem or any figure of similar character shall in itself constitute a ne1.v sSign subject to the provisions of this Section 604. Consistent with Section 608, this provision shall control over any conflicting, more restrictive provision in a sSpecial sSign dDistrict. SEC. 606. RESIDENTIAL AND RESIDENTIAL ENCLAVE DISTRICTS. Signs in Residential and Residential Enclave Districts, other than those sSigns exempted by Section 603 of this Code, shall conform to the following provisions: Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 19 * * * * (c) Business Signs for Limited Commercial Uses. For Limited Commercial Uses, as described in Section 186 of this Code, and for Limited Corner Commercial Uses, as permitted by Section 231, the following controls shall apply: * * * * (2) Window and Interior Signs. Window &:S'.igns, limited to sSigns painted or similarly applied directly on the surface of the 1Nindov1 glass or olear door, and Interior Signs are permitted. The total 64.rea of all wWindow &:S'.igns, €lS defined in Seeti0n 602.1 {hj, shall not exceed one quarterthird the total area of the business's ground floor windows and clear doors. the window or door on 1.vhioh the sSigns are looated. The total Area of all Interior Signs shall not exoeed one quarter the area of the windo1N or clear door through 1A1hioh the Interior Sign is visible, 1.vhichever is greater._~Window and lnterior_&:S:igns may be nNonilluminated or i[ndirectly i[lluminated. * * * * SEC. 607. COMMERCIAL AND INDUSTRIAL DISTRICTS. Signs in C, M, and PDR Districts, other than those Signs exempted by Section 603 of this Code, shall conform to the following provisions: * * * * (d) Window and Interior Signs. The total Area of all Window Signs shall not exceed one-third the total area of the business's ground floor windows and clear doors. window or olear door on or in whioh the Signs are located. The total Area of all Interior Signs shall not exceed one third the area of the windmv or olear door through whioh the Interior Sign is visible, 11t1hiohever is greater._~Window and Interior Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated. Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 20 * * * * SEC. 607.1. NEIGHBORHOOD COMMERCIAL AND RESIDENTIAL-COMMERCIAL DISTRICTS. Signs located in Neighborhood Commercial Districts shall be regulated as provided herein, except for those &~igns which are exempted by Section 603 of this Code or as more specifically regulated in a Special Sign District under Sections 608 et seq. In the event of conflict between the provisions of Section 607 .1 and other provisions of Article 6, the provisions of Section 607.1 shall prevail in Neighborhood Commercial and Residential- Commercial Districts. I In each such Special Sign District, &~igns, other than those &~igns exempted by Section I I 603 of this Code, shall be subject to the special controls in Sections 608.1 through 608.Ml 8, respectively, in addition to all other or, if so expressly specified in those Sections, in lieu of other applicable sign provisions of this Code. In the event of inconsistency with any other provision of Article 6, the most restrictive provision shall prevail unless this Code specifically provides otherwise. * * * * (c) Identifying Signs. Identifying Signs, as defined in Section 602, shall be permitted in all Neighborhood Commercial and Residential-Commercial Districts subject to the limits set forth below. (1) One Sign per lot shall be permitted and such Sign shall not exceed 20 square feet in area. The sign may be a Freestanding sSign, if the building is recessed from the Street Property Line, or may be a Wall Sign or a projecting Sign. The existence of a Freestanding Identifying Sign shall preclude the erection of a Freestanding Business Sign on the same lot. A Wall Sign or projecting Sign shall be mounted on the first-story level; a Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 21 I I I Freestanding Sign shall not exceed 15 feet in height. Such Sign may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated. * * * * (f) Business Signs. Business Signs, as defined in Section 602, shall be permitted in all Neighborhood Commercial and Residential-Commercial Districts subject to the limits set forth below. (1) Cole Valley, Lakeside Village, NC-1 and NCT-1 Districts. (A) Window and Interior Signs. The total Area of all Window Signs,as defined in Section 602, shall not exceed one-third the total area of the business's ground floor windows and clear doors. 1.vindow or clear door on or in which the Signs are located. The total Area of all Interior Signs shall not exceed one third the area of the window or clear door through which the Interior Sign is visible, whichever is greater. Such Window and Interior Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated. * * * * (2) RC, NC-2, NCT-2, NC-S, Inner Balboa Street, Outer Balboa Street, Broadway, Castro Street, Inner Clement Street, Outer Clement Street, Cortland Avenue, Divisadero Street, Excelsior Outer Mission Street, Fillmore Street, Upper Fillmore Street, Folsom Street, Glen Park, Inner Sunset, Irving Street, Haight Street, Lower Haight Street, Hayes-Gough, Japantown, Judah Street, Leland Avenue, Upper Market Street, Noriega Street, North Beach, Ocean Avenue, Pacific Avenue, Polk Street, Regional Commercial District, Sacramento Street, San Bruno Avenue, SoMa, Taraval Street, Inner Taraval Street, Union Street, Valencia Street, 24th Street-Mission, 24th Street-Noe Valley, and West Portal Avenue Neighborhood Commercial Districts. (A) Window and Interior Signs. The total Area of all Window Signs,as defined in Section 602, shall not exceed one-third the total area of the business's ground floor Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 22 I windows and clear doors. window or clear door on or in which the Signs are located. The total /\rea of all Interior Signs shall not exceed one third the area of the window or clear door through which the Interior Sign is visible, ·.vhichever is greater. Such Window and Interior Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated. * * * * (3) Bayview, Geary Boulevard, Mission Bernal, Mission Streeti Lower Polk Street, NCT, NC-3, and NCT-3 Neighborhood Commercial Districts. (A) Window and Interior Signs. The total Area of all Window Signs,-as defined in Section 602, shall not exceed one-third the total area of the business's ground floor windows and clear doors. 'Nindow or clear door on or in which the Signs are located. The total /\rea of all Interior Signs shall not exceed one third the area of the window or clear door through which the Interior Sign is visible, whichever is greater. Such Window and Interior Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated. * * * * SEC. 607.2. MIXED USE DISTRICTS. Signs located in Mixed Use Districts shall be regulated as provided herein, except for sSigns in Residential Enclave Districts, which are regulated by Section 606, and those sSigns which are exempted by Section 603. sSigns not specifically regulated in this Section 607.2 shall be prohibited. In the event of conflict between the provisions of Section 607.2 and other provisions of Article 6, the provisions of Section 607.2 shall prevail in Mixed Use Districts. * * * * (f) Business Signs. Business Signs, as defined in Section 602, shall be permitted in all Mixed Use Districts subject to the limits set forth below. (1) Chinatown Residential Neighborhood Commercial District. Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 23 (A) Window and Interior Signs. The total Area of all Window Signs,as defined in Section 602, shall not exceed one-third the total area of the business's ground floor windows and clear doors. windmv or clear door on or in which the Signs are located. The total Area of all Interior Signs shall not exceed one third the area of the windo¥.' or clear door through which the Interior Sign is visible, whichei.•er is greater. Such Window and Interior Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated. * * * * (2) Chinatown Visitor Retail District. (A) Window and Interior Signs. The total Area of all Window Signs,as defined in Section 602,_shall not exceed one-third the total area of the business's ground floor windows and clear doors. 1Nindo1N or clear door on or in which the Signs are located. The total Area of all Interior Signs shall not exceed one third the area of the 'Nindow or clear door through which the Interior Sign is visible, whichever is greater. Such Window and Interior Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated. * * * * (3) Chinatown Community Business District, Eastern Neighborhoods, South of Market Mixed Use Af-i:xed Use Districts, and the Downtown Residential Districts. (A) Window and Interior Signs. The total Area of all Window Signs,as defined in Section 602, shall not exceed one-third the total area of the business's ground floor windows and clear doors. window or clear door on or in which the Signs are located. The total Area of all Interior Signs shall not exceed one third the area of the •Nindow or clear door through •.•.•hich the Interior Sign is visible, whichever is greater._&teirWindow and Interior Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated. * * * * Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 24 SEC. 608.14. VINTAGE SIGNS. (a) Restoration and Maintenance. Notwithstanding the provisions of Section 604(hg) of this Code, sSigns which depict in text or graphic form a particular residential, business, cultural, economic, recreational, or other valued resource which is deemed by the Planning Commission to be a cultural artifact that contributes to the visual identity and historic character of a City neighborhood or the City as a whole shall be considered a 'l>'Eintage sSign and allowed to be restored, reconstructed, maintainedl. and technologically improved on a property by Conditional Use authorization of the Planning Commission provided that: (le) the 'l>'Eintage sSign to be restored, reconstructedl. or technologically improved depicts a use, person, place, thing, cultural iconl. or other valued character or characteristics of the City or a City neighborhood that, at the time of the 'l>'Eintage sSign authorization, is at least 40 years old; (2.h) at least 50% percent of the eA_rea of the sSign remains legible, (le) the sSign does not visually obstruct or significantly impair or detract from, by glare or any other means, a City landmark or public vista; (1.d'J the sSign is not larger than the sSign that existed prior to the 'l>'Eintage sSign authorization and does not appear to be more visually prominent than the sSign that existed prior to the 'l>'Eintage sSign authorization; and (Je) the sSign is maintained in good condition, repair1. and working order. Designation as a 'l>'Eintage sSign under this Section 608.14 does not by itself protect the sSign from being obscured or removed by future development projects. * * * * SEC. 803.9. COMMERCIAL USES IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. * * * * (b) Preservation of Historic Buildings within Certain Eastern Neighborhoods Mixed Use Districts. The following controls are intended to support the economic viability of Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 25 buildings of historic importance within certain Mixed Use Districts within Eastern Neighborhoods. * * * * (4) RH-DTR Districts. This subsection (b}(4} applies only to buildings in RH- DTR Districts that are designated landmark buildings or contributory buildings within a designated historic district pursuant to Article 10 of the Planning Code, or buildings listed on or determined eligible for the California Register of Historical Resources by the State Office of Historic Preservation. (A} All uses are principally permitted, provided that prior to the issuance of any necessary permits, the Zoning Administrator, with the advice of the Historic Preservation Commission. determines that allowing the use will enhance the feasibility of preserving the building. (8) The Historic Preservation Commission shall review the proposed project for compliance with the Secretary of the Interior's Standards. (36 C.F.R. § 67.7 (2001)} and any applicable provisions of the Planning Code. * * * * Section 4. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Section 5. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers. punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 26 Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ Giulia Gualco-Nelson GIULIA GUALCO-NELSON Deputy City Attorney n:\legana\as2025\2500313\01851501.docx Mayor Lurie; Supervisors Sauter, Dorsey, Mahmood, Sherrill BOARD OF SUPERVISORS Page 27 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 250542 Date Passed: July 22, 2025 Ordinance amending the Planning Code to 1) principally permit certain non-retail sales and service uses, including general office, design professional, business services, non-retail professional services, and trade offices, on the ground floor in the C-3 ("Downtown Commercial") Districts through December 31, 2030, after which such uses will be conditionally permitted, and make accompanying revisions to required ground floor uses and Floor Area Ratio; 2) principally permit retail sales and service uses on the second floor and above in the RC ("Residential-Commercial") Districts; 3) principally permit non-retail sales and service uses on the second floor and above, and conditionally permit catering and laboratory uses on the ground floor in the RC Districts; 4) update transparency and fenestration requirements for ground floor actives uses and exempt child care facilities, homeless shelters, mortuaries, religious institutions, reproductive health clinics, and school uses from those requirements; 5) modify the definition of a Window Sign; 6) modify Planning review and approval of changes in copy of a Sign and Wall and Window Signs applied to doors, windows, or building facades; 7) modify the definition of a Non-Residential Use for the purposes of certain development impact fee waivers; and 8) modify permitted and required ground floor uses in the RH-DTR ("Rincon Hill Downtown Residential") District, including uses in certain historic buildings, subject to various conditions; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. June 30, 2025 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE June 30, 2025 Land Use and Transportation Committee - CONTINUED TO CALL OF THE CHAIR AS AMENDED July 14, 2025 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT July 15, 2025 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton July 22, 2025 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton Page 1 Printed at 11:00 am on 7123125 File No. 250542 ft;L. City and County of San Francisco Daniel Lurie Mayor Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 7/22/2025 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 11:00 am on 7123/25